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TOWN OF GARDINER
LOCAL LAW NO. 4 OF 2006
A LOCAL LAW IMPOSING A NINE-MONTH MORATORIUM IN THE AR-80 ZONING DISTRICT ON THE FILING, ACCEPTANCE, AND/OR APPROVAL OF APPLICATIONS FOR APPROVAL OF MAJOR SUBDIVISIONS.
Be it enacted by the Town Board of Gardiner as follows:
SECTION I  –  FINDINGS AND PURPOSE
        The Town Board of the Town of Gardiner declares the following findings with respect to this Local Law:
A.      Prior to the 2004 Comprehensive Plan Update, the Comprehensive Plan for the Town of Gardiner was last revised in 1992. During the 1990s, Gardiner was one of the fastest growing towns in the County, both by percentage increase in the population and by the number of new residents added during the decade. Data from the 2000 census confirms that more housing was built in Gardiner during the 1990s than in any previous decade in the post-war era. For the past several years, the Town of Gardiner has experienced a significant increase in applications for residential subdivisions.   Records reflect there were no major subdivisions proposed in the years 1993, 1994, 1995, 1996, 1997, 1998 and 2000, and since those years there has been a dramatic increase in the number of residential units proposed as major subdivisions.  The Gardiner Planning Board recently moved to two meetings a month to accommodate the increase in residential development applications. This trend is expected to continue and to accelerate.
B.      Given these trends, the Town decided to review its development plan and laws in 2003. The Town formed a Planning Board sub-committee and hired a planner to review and update the 1992 Comprehensive Plan. After a year of data collection, public outreach and community meetings, the Comprehensive Plan committee identified the need for changes in the zoning laws.
C.      To that end, the Town formed a Zoning Advisory Committee (ZAC) and hired a land use planner/lawyer in order to move quickly to develop and enact new zoning regulations for the Town. A moratorium was enacted in the ARR-200 district and new zoning regulations have been presented for passage as law. With the zoning revision of the ARR-200 district nearly complete, the Town Board is now prepared to move forward with revisions to the zoning of the AR-80 district.
D.      Moreover, the Planning Board is currently reviewing a total on nine (9) Major Subdivisions in the AR-80 District which collectively have the potential to add 251 homes to the Town.  The Town presently contains approximately 2,255 housing units (in calendar year 2000).  Thus, the additional potential units would represent an increase of approximately 10% in the total housing stock in the Town of Gardiner.
E.      The Town of Gardiner finds that the decision of the Town Board to study and potentially revise the AR-80 zoning laws of the Town will create a surge of applications seeking to obtain approval of residential subdivisions prior to the conclusion of the review and potential revision of the land use regulations of the Town.  Therefore, in order to avoid a race to diligence, the imposition of a nine-month moratorium on major subdivisions in the AR-80 Zoning District is necessary.
F.      The Town of Gardiner finds, further, that as the land use review process occurs as set forth above, there will be a substantial degree of uncertainty and confusion if the Planning Board were to continue to review and decide residential subdivision applications in the context of the existing regulatory approval framework.  Such uncertainty and confusion will result in a misallocation of time and resources for both the property owner and the Town of Gardiner. Additionally, the approval of residential subdivisions in accordance with existing land use regulations and goals of the Town, during the same period of time that these land use regulations and goals are being modified, will undermine the review process and may erode the integrity of the final revisions to the Zoning Laws.   Moreover, there is a risk to applicants that submit for approvals that the Town Code may change resulting in applications which do not comply with the Town Code which would need to be modified at significant time and expense.
G.      Based on the above, the Town Board finds there is an immediate and urgent need to suspend, temporarily, the application of certain provisions of New York State Town Law, the New York State Environmental Conservation Law, and the Zoning Law and Subdivision Regulations of the Town in order to allow the unfettered review of the land use objectives of the Town of Gardiner and to address the concerns outlined above.
H.      One of the major criticisms of the 1992 Plan was that many of its recommendations and findings were never incorporated into Town policy and zoning law. The immediate goal of this moratorium is to update the zoning law to implement the findings of both the 1992 and 2004 Comprehensive Plans.
I.      This Local Law is enacted to accomplish the purposes outlined above.
SECTION IIÂ Â Â Â Â Â - STATEMENT OF AUTHORITY
        This Local Law is authorized by the New York State Constitution, Article IX, Section 2, the provisions of the New York Municipal Home Rule Law, the provisions of the Statute of Local Governments, the relevant provisions of the Town Law of the State of New York, the Zoning Law and Subdivision Regulations of the Town of Gardiner and the general police power vested with the Town of Gardiner to promote the health, safety and welfare of all residents and property owners in the Town.
SECTION IIIÂ Â Â Â Â - SCOPE OF MORATORIUM
        Subject to the exceptions set forth below and pending adoption of related amendments to the Zoning Law and the Subdivision Regulations of the Town of Gardiner Municipal Code, there shall be, for the AR-80 District, a moratorium on the acceptance, review, processing and approval, conditional approval, conditional approval with modifications or denial of major subdivisions (including sketch plans, preliminary and/or final subdivision plats) as defined in Chapter 188 of the Town Code, by any board, agency, department or official of the Town of Gardiner.   This moratorium will expire after a period of nine (9) months from the effective date of this Local Law.  SECTION IV      - EXCEPTIONS
        The provisions of this Local Law shall not apply to any of the following:
        (A)  Applications for approval of a Major Subdivision pending before the Town of Gardiner Planning Board, along with special permits and/or variances relating to such applications, provided a Preliminary Plat for such plan has been submitted and has been approved by the Planning Board with or without conditions and a negative declaration and/or a negative finding of environmental impact has been issued pursuant to the State Environmental Quality Review Act (SEQRA) and the regulations thereunder as of the effective date of this Local Law.
        (B)  Minor Subdivisions as defined in Chapter 188 of the Town Code along with special permits and/or variances related to such applications.
        (C)  All applications for, or extensions of, permits, variances (use and area), special permits, for construction and/or development of residential or nonresidential properties, other than those relating to or included as part of a Major Subdivision shall, during the period of said moratorium, be permitted to continue to proceed with the approval process and be considered for approval or denial of a building permit as required by law as if the moratorium had not been enacted.
(D)Â Â Â Â Â An exemption is also allowed for subdivisions which:
i) Â Comply with the Open Space Development provisions of the Zoning Code; and
ii) Propose structures that shall generally follow with the Building Form Guidelines published by the New York Planning Federation in 1994 adapted as necessary to conform to the requirements of the Open Space Development provisions; and iii) Maintain a maximum number of dwelling units, calculated by either the yield or the density formula, which is .45 of that allowable under the current AR-80 zoning; and iv) In the event that the Town of Gardiner takes the appropriate actions to implement an affordable housing program including any required zoning amendments and administrative mechanism to implement such a program, and if the development proposes to contain at least 20% affordable housing, as defined by the findings of the Ulster County Housing Consortium, the applicant is eligible to apply to the Town Board to receive a waiver from "iii", and develop according to the current (AR-80) zoning law densities. SECTION V – DURATION        The provisions of this Local Law shall be in effective for a period of nine (9) months from the effective date hereof unless earlier repealed, modified, extended or supplemented by passage of a further Local Law by the Town of Gardiner.
SECTION VI – SUPERSESSION Â
        Pursuant to Section 10 and 11 of the Municipal Home Rule Law of the State of New York, this Local Law is intended to supersede the provisions contained in Article 16 of the Town Law of the State of New York which require action within specified time periods by the Planning board on subdivision plats and special use permits for residential uses elsewhere prohibited by this Local Law and which may also require related actions by the Zoning Board of Appeals regarding variance applications.  Sections 276 and 277 of the Town Law are superseded by this Local Law.  This Local Law also supersedes special use permits and/or variance approvals allowed pursuant to Town Law §§ 267-a, 267-b, 267-c and 274-b as those sections apply to an appeal and/or variance application for a residential subdivision and/or residential special use permit prohibited by this moratorium and that may be filed with the Zoning Board of Appeals (or any other board) in connection with any of the provisions of the Zoning Law of the Town of Gardiner including, without limitation, the provisions of this Local Law.
        Pursuant to Section 10 and 11 of the Municipal Home Rule Law, this Local Law is intended to supersede the provisions contained in Article 8, Section 8-0109, subsection (4) and (5) of the NYS Environmental Conservation Law and the regulations thereunder (6 NYCRR Part 617) to the extent that such provisions require that the Planning Board or any lead agency determine the environmental significance of an application for residential subdivision and/or residential special use/site plan approval otherwise prohibited herein within certain specified time frames.
        Pursuant to Sections 10 and 11 of the Municipal Home Rule Law, this Local Law is intended to supersede the various provisions of the Zoning Law and Subdivision Regulations of the Town of Gardiner to the extent that such provisions require that the Planning Board and/or Building Inspector and/or Zoning Board of Appeals of the Town of Gardiner receive, review and decide residential new construction, subdivision and residential special use otherwise prohibited herein within specified timeframes.  The relevant sections of the Zoning Law that are superseded by this Local Law regarding such actions prohibited by this Local Law include the following: Articles VI (Special Permit Approval Procedures and Standards); Article VII (Board of Appeals) and Article VIII (Administration and Enforcement).  Additionally, Articles III and VI of the Regulations of the Town of Gardiner regarding residential subdivisions, likewise, are superseded to the extent that such sections require receipt, review, processing and deciding subdivision applications otherwise prohibited herein within certain specified timeframes.
SECTION VII – SEVERABILITY
        If any section or subsection, paragraph, clause, phrase or provision of this Local Law shall be adjudged invalid for any reason or shall be deleted or subsequently repealed, the same shall not affect the validity of this Local Law as a whole or any part or provision hereof other than the part to be adjudged to be invalid and/or deleted and/or subsequently repealed.
SECTION VIII – APPEALS
        The Town Board shall have the power to vary or waive the application of any provision of this Local Law upon its determination that this Local Law will impose an extraordinary hardship unique to the circumstances of that property.
        The application must be presented in writing with information and materials supporting the request, including (1) an explanation as to the extraordinary hardship unique to the circumstances of the application; (2) an explanation as to whether variance from this Local Law will undermine the land-use plan and revision process presently under review; (3) a map or plat showing all required improvements in accordance with the procedures of the Town of Gardiner; and (4) an explanation that the subject of the request is consistent with the Comprehensive Plan.  Any application for relief from any provision of this Local Law shall be filed with the Town Clerk of the Town of Gardiner and shall include a fee of one hundred dollars ($100.00).
        To grant such a request, the Town Board must find that the variance or waiver will not adversely affect the purpose of the local law, the health, safety or welfare of the Town of Gardiner or any planning being undertaken by the Town.  The Town Board shall take into account the existing land use in the immediate vicinity of the property and the impact of the variance or waiver on the character, natural resources and infrastructure of the Town.  The application must comply with all other applicable provisions of the Gardiner Town Code.
        Upon application, all such matters shall, within five (5) business days, be referred to the Planning Board for a report.  The Planning Board shall have thirty days to make a recommendation to approve or disapprove the variance or waiver of this Local Law.  The report shall be transmitted to the Town Board which shall conduct a public hearing after receipt of the report and make a final decision on the application, with or without conditions within 45 days after the close of the public hearing.  Final approval is reserved to the absolute discretion of the Town Board.
SECTION XIÂ Â Â Â Â Â - EFFECTIVE DATEÂ Â Â Â Â Â Â Â This Local Law shall take effect immediately upon publication and filing with the Secretary of State in accordance with the Municipal Home Rule Law of the State of New York. Â
        BE IT ENACTED THIS ___ DAY OF _____________ 2006 BY THE TOWN BOARD OF THE TOWN OF GARDINER, COUNTY OF ULSTER, STATE OF NEW YORK.
                                                CARL ZATZ, SUPERVISOR
                                                MATT BIALECKI, COUNCILMAN
                                                JOSEPH KATZ, COUNCILMAN
                                                NADINE LEMMON, COUNCILWOMAN
                                                JANET KERN, COUNCILWOMAN
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MICHELLE MOSHER, TOWN CLERK
TOWN OF GARDINER
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